"MTW" <mtwingcpa[at]yahoo.com> wrote:
- quote -

paragraph in the front that says you can't sell the book to
anyone else, because you only have a license to read the
book and not to do anything else. Rediculous, right?

There is a proposition called the first sale doctrine. It
says that anyone who buys intellectual property rights can
then go and sell what he bought without infringing on the IP
rights. (If he sells a copy or keeps a copy that would be a
different matter).

Certainly reselling might be a breach of contract, but not
an infringement of the intellectual property. So the issue
is whether there is an enforceable contract. My guess is
that, if it's a consumer transaction such a restriction
would be unenforceable as an unconscionable condition.

Stu

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Stuart O. Bronstein <spamtrap[at]lexregia.com> wrote:

- quote -

Do you mean unenforceable as a matter of law? (And, if so,
why?) Or are you simply saying it would be unenforceable as
a "practical" matter? Just curious. <g
MTW

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masc4it[at]aol.com (Masc4it) wrote:

- quote -

Ah, but he didn't say it was illegal. He said it would
probably be a violation of the licensing agreement. Based
on some licensing agreements I've read, I have no doubt it
might well say that. On the other hand, I'd guess that a
clause like that would be unenforceable.

Stu

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